What do we mean by misrepresentation?
A misrepresentation is a false statement of a material fact made by one party which affects the other party’s decision in agreeing to a contract. 1 If the misrepresentation is discovered, the contract can be declared void and, depending on the situation, the adversely impacted party may seek damages.
Is Misportrayed a word?
Misportrayed definition
Simple past tense and past participle of misportray.
Is Misrepresentative a word?
To serve incorrectly or dishonestly as an official representative of. mis·rep′re·sen·ta′tion n.
What is a synonym for misrepresentation?
Synonyms & Near Synonyms for misrepresentation. falsification, misinformation, misreport, misstatement.
What is an example of misrepresentation?
Expressly making a misleading statement that a party knows is untruthful is a misrepresentation if it leads the other party to agree to a contract. Assume, for example, that a car salesperson in a private transaction misrepresents the car’s number of miles.
What is the most serious type of misrepresentation?
Fraudulent Misrepresentation
Fraudulent Misrepresentation
This is the most serious type of misrepresentation in the business world. This is when a party knowingly makes false statements in order to coerce the other party to sign a contract.
How do you spell miss representation?
“Misrepresent.” Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/misrepresent. Accessed 14 Sep.
How do you use misrepresentation in a sentence?
Misrepresentation sentence example. This, however, was a misrepresentation of his words. But we have always to be on our guard against misrepresentation, exaggeration and falsehood. He bore popular abuse and misrepresentation without the slightest murmur or sourness of temper.
What 3 things must be present for it to be a misrepresentation?
(1) The defendant made a false representation of a past or existing material fact susceptible of knowledge. (2) The defendant did so knowing the representation was false, or without knowing whether it was true or false. (3) The defendant intended to induce the plaintiff to act in reliance on that representation.
What do you need to prove for misrepresentation?
To prove a claim in misrepresentation, a Claimant must show that the Defendant made an untrue statement of fact that induced the Claimant to enter a contract, thereby causing the Claimant loss.
Is misrepresentation a crime?
Misrepresentation can be both a civil wrong (a tort) or a criminal wrong. If the misrepresentation rises to the level of fraud, a defendant can face serious legal consequences. Misrepresentation can occur in the creation of contracts and in many different industries.
What is the meaning of negligent misrepresentation?
Unlike a fraudulent misrepresentation, which requires that the person making the representation know it is false or incorrect and intend to deceive or mislead, a negligent misrepresentation merely requires that one fail to exercise reasonable care or competence to obtain or communicate information that is true or …
What are the three 3 elements of misrepresentation?
What are the consequences of misrepresentation?
If the misrepresentation is identified, the contract can be declared void and depending on the situation, the unfavourably impacted party may seek damages. In such a contract dispute, the party who made the misrepresentation becomes the defendant and the aggrieved party is the plaintiff.